Articles Posted inField Sobriety Tests

Under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable” searches and seizures. This includes requiring a driver to take a blood or breath test. Over the years, courts have described what constitutes an unreasonable search or seizure. In general, police must have a search warrant in order to show that a search is reasonable. However, police can conduct a search under certain limited circumstances without a warrant.

Clearly, police officers are not able to obtain a warrant when they witness someone commit a crime. Therefore, courts have determined that if a police officer has probable cause to believe that someone has broken the law, the officer can stop and arrest them.

Sometimes, however, police officers have a belief that a crime has been committed, but cannot be sure. In these situations, a police officer can stop a citizen, ask them questions, and conduct an investigation so long as they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. In order to justify this type of stop, an officer must be able to point to articulable facts supporting the officer’s belief that the person stopped was involved in criminal activity.

There is currently a nationwide discussion about the legality of marijuana. While the federal government continues to debate whether or not marijuana is legal, the state of Arizona has very strict laws regarding purchase, possession, and use of the substance. Only people with medical marijuana card can obtain small amounts of marijuana from approved dispensaries.

While some people may legally obtain and use marijuana in the state, Arizona still does not have a proper means of testing for pot in a driver’s system. The entire country is struggling with this issue. Marijuana DUI law is still evolving given the country’s changing attitudes toward marijuana. With that in mind, our legal office serving the Phoenix, AZ area would like to consider some of the current issues related to field sobriety tests to detect marijuana use.

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:

Contact Information

Law Office of James Novak, PLLC

4500 S Lakeshore Dr #352

Tempe,
AZ85282

Phone: (480) 413-1499

We serve clients throughout Arizona including those in the following localities: Maricopa County including Ahwatukee, Apache Junction, Chandler, Fort McDowell, Fountain Hills, Gilbert, Guadalupe, Mesa, Phoenix, Queen Creek, Scottsdale, Sun Lakes, and Tempe; and Arizona State University Campuses in Maricopa County.